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Civil Law

Journal

2016

Institution
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Articles 1 - 8 of 8

Full-Text Articles in Torts

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon Dec 2016

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …


Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman Jun 2016

Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich Feb 2016

Symposium, Products Liability-The Interagency Task Force "Blueprint" For Reforming Product Liability Tort Law In The United States, Duane J. Gingerich

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs Feb 2016

Symposium, Products Liability-Negligence Or Strict Product Liability: Is There Really A Difference In Law Or Economics?, Reynolds M. Sachs

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr. Feb 2016

Symposium, Products Liability-Strict Products Tort Liability In Georgia: Smudging A Clean Slate, R. Perry Sentell Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery Jan 2016

Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery

Journal of Law and Policy

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming …


Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann Sahl Jan 2016

Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann Sahl

Marquette Law Review

Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …


Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein Jan 2016

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …